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(영문) 광주지방법원 2016.06.10 2016고단169
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be liable to the applicant C for the damage KRW 2.84,00,000.

Reasons

Punishment of the crime

The Defendant, “2016 Highest 169, 2016 Highest 659,” is a person who operated a travelr with the trade name of “J”, “H”, and “I.”

1. On February 15, 2015, the Defendant would allow the victim K and L to travel in a “I” office located in the third floor of the J building in the Yeongg-gu Seoul Special Metropolitan City, Busan Metropolitan City on February 15, 2015, if the Defendant entered into a contract for a “I” package tour product in the Thailand’s cocket.

In addition, by entering into a new travel contract, the victims seem to have been able to properly walked.

However, the defendant could not send a new package tour properly even if he receives the cost of a new package tour from the injured party, because he used the cost of a new package tour from the customer later to use the money received from the contracting party for the expenses of a business operator.

The Defendant received 200,000 won of the down payment from the said victims by credit card on February 15, 2015, and received 1.7 million won of the remainder from February 17, 2015 to the Defendant’s account in the name of the Defendant. From February 15, 2015 to November 14, 2015, the Defendant received 72 victims KRW 116,295,200 in total from February 19, 2015 to November 15, 2015 by the same method.

Accordingly, the defendant was informed of the victims to receive property.

2. The Defendant: (a) around May 31, 2015, at the G office located in Seo-gu, Seo-gu, Gwangju, and the first floor, the Defendant: (b) was required to pay the customer refund to the victim N as Kakakao Stockholm.

In order to resolve the refund of customer by receiving a loan from a lending company, joint and several sureties are different, and the loan has no damage due to repayment, and it seems that the loan would be repaid properly by the lending company upon receiving a joint and several guarantee from the damaged party.

However, the defendant is true from customers.

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